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Education Curriculum on

Space Law

UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS

UNITED NATIONS

Contents

http://www.un.org

Contents

Abbreviations and acronyms

Preface

Introduction

Module 1. Basic concepts of international law and space law

Module 2. International law and other regulations applicable to remote sensing, geographic information systems, satellite meteorology and global climate activities

Module 3. Satellite communications and applicable international law and other regulations

Module 4. Global navigation satellite systems and applicable international law and other regulations

List of instruments of international law

UNITED NATIONS OFFICE FOR OUTER SPACE AFFAIRS

www.unoosa.org

COPyRIghT • dISClAImER • ACknOwlEdgEmEnTS

Education Curriculum on Space Law

www.unoosa.org

Arabsat Arab Satellite Communications OrganizationCBERS China-Brazil Earth Resources SatelliteCEOS Committee on Earth Observation SatellitesCGSIC Civil Global Positioning System Service Interface CommitteeCONAE Comisión Nacional de Actividades EspacialesCOSMO-SkyMed Constellation of small satellites for the Mediterranean basin

observationCOSPAR Committee on Space ResearchCOPUOS United Nations Committee on the Peaceful Uses of Outer SpaceDBS Direct broadcast satelliteDMC Disaster Monitoring ConstellationDoT United States Department of TransportationEC European CommissionEGNOS European Geostationary Navigation Overlay ServiceESA European Space AgencyEU European UnionEUTELSAT European Telecommunications Satellite OrganizationFAA—WAAS Federal Aviation Administration—Wide Area Augmentation

SystemGAGAN GPS Aided Geo-Augmented Navigation SystemGATS General Agreement on Trade in ServicesGEO Group on Earth ObservationsGIS Geographic Information SystemGLONASS Global Navigation Satellite SystemGMES Global Monitoring for Environment and SecurityGMPCS Global Mobile Personal Communication ServicesGNSS Global Navigation Satellite SystemsGPS Global Positioning SystemGSO Geostationary Satellite OrbitIAA International Academy of Astronautics

IAF International Astronautical FederationIAU International Astronomical UnionICAO International Civil Aviation OrganizationICG International Committee on Global Navigation Satellite SystemsICJ International Court of JusticeIGO Intergovernmental organizationILA International Law AssociationIMO International Maritime OrganizationIMSO International Mobile Satellite OrganizationINMARSAT International Maritime Satellite OrganizationINSPIRE Infrastructure for Spatial Information in EuropeINTELSAT International Telecommunications Satellite OrganizationINTERSPUTNIK International Organization of Space CommunicationsISRO Indian Space Research OrganizationITAR United States International Traffic in Arms RegulationsITSO International Telecommunications Satellite OrganizationITU International Telecommunication UnionJAXA Japan Aerospace Exploration AgencyLEO Low Earth OrbitOOSA United Nations Office for Outer Space AffairsRS Remote SensingSPOT Spot ImageUNESCO United Nations Educational, Scientific and Cultural OrganizationUNGA United Nations General AssemblyUNISPACE III Third United Nations Conference on the Exploration and

Peaceful Uses of Outer SpaceUN-SPIDER United Nations Platform for Space-based Information for

Disaster Management and Emergency ResponseUNTS United Nations Treaty SeriesWMO World Meteorological Organization

Abbreviations and acronymsThe following abbreviations and acronyms appear in this publication:

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Education curriculum on SpacE law contents

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Preface

Capacity-building, training and education in space law are of paramount

importance to national, regional and international efforts to further develop

space activities, in particular with regard to promoting broader understanding

and acceptance of the international legal framework that governs the conduct

of space activities. The need to build indigenous capacity in space law and policy

was recognized by the Third United Nations Conference on the Exploration and

Peaceful Uses of Outer Space (UNISPACE III) and emphasized in the strategy of

the Committee on the Peaceful Uses of Outer Space to further implement the

recommendations of UNISPACE III.

One of the pillars that support the development of legal and policy frameworks

at the national level is the availability of professionals able to provide services

in that field. Promoting education in space law is therefore included in the

programme of the Office for Outer Space Affairs to build capacity in space law.

In 2007, the Committee on the Peaceful Uses of Outer Space and its Legal

Subcommittee requested the Office for Outer Space Affairs to explore the

possibility of developing a curriculum for a basic course on space law that could

be used, in particular for the benefit of developing countries, in the activities of

the regional centres on space science and technology education affiliated to the

United Nations. Consequently, the first United Nations Expert Meeting on Promoting

Education in Space Law was held in Vienna on 3 and 4 December 2007.

The Group of Experts continued to work on the curriculum over subsequent years

by electronic means and, when possible, on the margins of other international

space-related meetings and workshops. A first draft of the curriculum was

circulated for comments in the Legal Subcommittee in 2009, and a second draft

was circulated in 2011. The final step of harmonizing the content of the modules

for consistency was completed in 2013.

Although the curriculum has been developed to support the activities of the

regional centres on space science and technology education affiliated to the

United Nations, it has been structured in such a manner that it can also serve as

an educational tool for other educational institutions and training initiatives. The

curriculum is complemented by an online compilation of supplemental reference

materials, available on the website of the Office for Outer Space Affairs.

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Introduction

This curriculum on space law is designed to be an efficient and flexible tool for

global capacity-building on the beneficial uses of outer space and the law

applicable thereto. Space-based technologies are instrumental in every country

and on every continent as a crucial aspect of a country’s infrastructure.

Knowledge of the legal framework for these technologies provides a deeper

understanding of the roles that space, technology and law play in an increasingly

interdependent world. Raising awareness and building regional capacity in the

knowledge and application of space law furthers orderly international development

and cooperation.

In particular, as space activities and their applications are developed, it is crucial

to understand, at least on a general level, how law and regulation interact with

such developments. Existing laws and regulations can both be used to further

the use of beneficial applications and international cooperation in this context,

and to lay out certain conditions or guidelines for them. In both cases it is

important to establish an understanding of the law, legal approaches and legal

thinking as early as possible, as mid-course corrections in projects are always

far more costly in terms of time, effort and funds than acquiring prior knowledge

of the legal parameters for the project at hand.

Likewise, a general understanding of what space law is and how it works can be

very helpful in developing new legal or semi-legal (policy, guideline, recommendatory)

tools to help fully realize the benefits that space activities and their applications

can bring to society. Though lawyers may be needed in the end to draft legislation

and regulations related to space activities, inputs are needed from the scientific,

technical, operational and political communities so that the realities behind space

activities and their applications are properly taken into account.

Regional centres for space science and technology education

The Regional Centres for Space Science and Technology Education (hereafter

“the Regional Centres”) were established in response to United Nations General

Assembly (UNGA) resolution 45/72 of 11 December 1990. To date, five regional

centres, affiliated to the United Nations, have been established in Africa

(Morocco, Nigeria), Asia and the Pacific (India), Western Asia (Jordan) and Latin

America and the Caribbean (campuses in Brazil and Mexico). In addition, plans

for establishing a regional centre at Beihang University in Beijing are currently

under way.

The Regional Centres use existing educational facilities and build upon expertise

already available throughout educational and other research institutions in their

regions to develop, through in-depth education, indigenous capability for

research and applications. Currently the Regional Centres offer nine-month

postgraduate courses in the following core disciplines: Remote Sensing and

Geographic Information Systems (RS and GIS), Satellite Communication (SATCOM),

Satellite Meteorology and Global Climate (SATMET), Space and Atmospheric

Sciences and Data Management, and Global Navigation Satellite Systems.

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Curriculum on education in space law

The curriculum for a basic course in space law, to be integrated into the education

programmes of the five Regional Centres, has been developed by a group of

distinguished educators and experts on space law, in consultation with the

Directors and Secretary-General of the Regional Centres. The development process

was coordinated by the United Nations Office for Outer Space Affairs (OOSA).

The current programme of education offered by the Regional Centres was

considered as a starting point in the development of the course structure on

space law, in order to ensure that the end product would complement and

support the work already being done at the Regional Centres. Common challenges

and impediments faced by the Regional Centres were also kept in mind

throughout the process.

The curriculum is designed to be used by instructors as a reference guide and

flexible syllabus in their educational programme, with a view to enhancing capacity-

building on the beneficial uses of outer space and space technologies. The

curriculum will complement the work which is already being done at the Regional

Centres by raising awareness on space law and the regulatory aspects relating to

the conduct of space activities, for the benefit of students at the Regional Centres.

Basic structure of the curriculum

The curriculum on space law consists of four complementary modules. Each of

the four modules is divided in five classes. Table 1 below provides a general

schematic overview of the modules and classes. A proposed outline of activities

is provided for each module, and a more detailed breakdown of the topics to

be covered is reflected separately for each class.

The first module, “Basic concepts of international law and space law”, provides

an introduction to the legal regime governing the conduct of space activities.

The first module is a prerequisite for the three subsequent modules and should

be offered to all students, as it gives a foundation for understanding specific

applications of space law throughout the subsequent modules. In turn, the three

latter modules are designed to complement existing and planned education

programmes of the regional centres, namely remote sensing and GIS, satellite

meteorology and global climate; satellite communication and data management;

and Global Navigation Satellite Systems (GNSS).

Modules

Each module begins with an “Introduction” of the topic at hand and its connection

to international law and the space law regime. Next, a “Module Objective” is

provided to identify the main areas of study during the module. The purpose of

the “Learning Outcomes” is to identify, from the learner’s perspective, what he or

she will learn in each module. The section on “Module Design” gives the instructor

a suggested scheme for time management, while at the same time leaving the

instructor with the flexibility to make the maximum use of local resources. It is

suggested that lectures can be augmented or substituted with guest lecturers,

tutorials, practical exercises, etc. At the end of each module, a follow-up section

will provide the instructor with examples of questions that can be used by students

to test their knowledge of the most relevant aspects of the module. Suggested

topics for students interested in further study are also provided as applicable.

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Classes

Each module consists of five classes. The topics to be covered are described in

some detail under the respective classes. The section on “Learning Outcomes”

will again identify, from the learner’s perspective, what he or she will learn in

that particular class. A list of materials to support the studies, including relevant

treaties, General Assembly resolutions and websites of actors mentioned during

the class, is provided for each class. Whenever possible, online resources have

been provided. A compilation of supplemental materials, including lists of

monographs, articles and other materials, in all official languages of the

United Nations whenever possible, has been made available and is regularly

updated on the OOSA website.

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Table 1. Schematic overview of the space law curriculum

Module 1

Basic concepts of international law

and space law

Module 2Remote sensing/GIS, satellite

meteorology and global climate + international law

Module 3Satellite

communications + international law

Module 4Global navigation satellite

systems (GNSS) + international law

Class 1 Introduction to international law International law relating to remote sensing

Overview of international law on satellite communications

International institutional context for GNSS operations

Class 2 The Outer Space Treaty and the fundamental principles of space law

National legislation for remote sensing

Overview of international law on satellite communications

GNSS providers and GNSS augmentation

Class 3 Other space treaties and General Assembly resolutions

Regional and global agreements on remote sensing

Technical standards and national licensing

GNSS users

Class 4 National regulations, commercialization and privatization

Bilateral and multilateral agreements on remote sensing

International trade in satellite communication services and global mobile personal communication services

Legal framework for GNSS services

Class 5 Multilateral and bilateral agreements and intergovernmental organizations

Sources of remote sensing data Satellite broadcasting GNSS services, uses and current problems

Duration 2 weeks/12 hours 2 weeks/10 hours 2 weeks/11 hours 2 weeks/10 hours

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Module 1. Basic concepts of international law and space law

Introduction

Space law can be described as the body of law applicable to and governing space-

related activities. Space law, much like general international law, comprises a variety

of international agreements, treaties, conventions, and United Nations General

Assembly resolutions, as well as rules and regulations of international organizations.

The term “space law” is most often associated with the rules, principles and

standards of international law appearing in the five international treaties and five

sets of principles governing outer space which have been developed under the

auspices of the United Nations. In addition to these international instruments, many

States have national legislation governing space-related activities.

The primary goals of space law are to ensure a rational, responsible approach

to the exploration and use of outer space for the benefit and in the interests

of all humankind. To this end, space law addresses a variety of matters, such

as the preservation of the space and Earth environment, liability for damages

caused by space objects, the settlement of disputes, the protection of national

interests, the rescue of astronauts, the sharing of information about potential

dangers in outer space, the use of space-related technologies, and

international cooperation. The various instruments of space law set out a

number of fundamental principles to guide the conduct of space activities,

including the notion of space as the province of all humankind, the freedom

of exploration and use of outer space by all states without discrimination,

and the principle of non-appropriation of outer space. It is through these

instruments that States cooperate to ensure a sustainable use of outer space

that benefits all countries.

Space law has developed over time and will continue to develop as new

challenges arise. Familiarity with the basics of international law in general, and

with the main legal instruments and principles of space law in particular, will be

essential when responding to these new challenges with applications of space

technologies and through international cooperation in the space arena.

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Learning outcomes

1. Awareness of how international law deals with

space activities and space applications.

2. Awareness of the main structure and elements of

international space law.

3. Awareness of the roles of national governments

and international organizations in the regulation

of space activities and space applications.

Module objective

This module provides students with a basic reference

framework for understanding legal principles and rules as

well as fundamental legal issues pertaining to space

activities. Students are familiarized with the key concepts,

terminology and constructs of both international law and

international space law as a specialized subdomain of

international law. The module therefore deals with two main

aspects: firstly, “International law”, which is considered in

the first class, and secondly, “The legal regime governing

the conduct of space activities”, covered in the remaining

four classes.

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Table 2. Breakdown of module 1 by topic and activity

Class Topic

Activity (hours)

L T+P Total

1 Introduction to international law 2 1 3

2 The Outer Space Treaty and the fundamental principles of space law

2 0 2

3 Other space treaties and the General Assembly resolutions relevant to outer space

2 1 3

4 National regulations, commercialization and privatization

2 0 2

5 Multilateral and bilateral agreements and intergovernmental organizations

2 0 2

Total 10 2 12

Note: L = lectures; T+P = tutorials and practical exercises.

Module design

The module consists of five classes of two hours each, with

the exception of classes 1 and 3 (see table 2). The classes

should consist of approximately 90 minutes of instruction,

followed by at least 30 minutes for questions and discussion.

The class-specific programme can focus on those topics,

issues and areas that are most relevant to the audience. At

the end of each class description, students are given a list

of reading materials to support their studies. For easy access

to resources and references, most materials in the reading

list are available online. Given the importance of the first

module as a foundation for understanding specific

applications of space law throughout the subsequent

modules, it is recommended that additional materials which

can be found on the OOSA website also be used.

The suggested schedule for this module includes two hours

of tutorials, and therefore the time allotted for classes 1

and 3 is three hours. Module 1 does not include practical

exercises.

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Class 1. Introduction to international law

Topics to be coveredBasic concepts of international law

" What is law? → Role of law in reflecting moral and ethical

principles and in introducing predictability into human action

→ Public international law → Private international law → Relationship of international law and national law

" Subjects of international law → States → Intergovernmental organizations as means for

international cooperation

" Sources of international law → Treaties

▸ Charter of the United Nations ▸ Vienna Convention on the Law of Treaties

(containing rules on the conclusion, interpretation, validity, ending and suspension of treaties)

▸ Other multilateral and bilateral treaties → Customary international law → General principles of law

" Sovereignty and jurisdiction

" Responsibility of States and liability for damage

Learning objective

Upon completion of the class, students will be familiar with the fundamental

principles of international law and with the legal regime governing the conduct

of space activities in particular. Students will also understand the contribution

that international law can make to the preservation of outer space for humankind

and to the use of space for peaceful purposes.

The first class will provide students with insight into the role of international law

in reflecting moral and ethical principles as well as in introducing predictability

into human action; the characteristics of and the distinction between public and

private international law; and the relationship between international law and

national law.

Students are introduced to States and intergovernmental organizations as the

legal subjects of international law and to the legal parameters for their actions.

Students will become familiar with the main sources of international law, in

particular international treaties such as the Charter of the United Nations and

the Vienna Convention on the Law of Treaties, with the concept of customary

international law and with general principles of law.

Finally, students are introduced to ideas about how the key aspects of

statehood, such as sovereignty and jurisdiction, play a fundamental role in

international law. Students are also introduced to the concepts of international

responsibility of States for their activities and liability for damage caused by

such activities.

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In conclusion, the class will provide students with the fundamental legal tools

to understand the structure of international law and its impact on the conduct

of space activities. With this foundation, students will be able to understand the

contribution that international law can make to the preservation of outer space

for mankind and for peaceful purposes.

References and resources

References

" Charter of the United Nations

http://treaties.un.org/doc/Publication/CTC/uncharter.pdf

" Vienna Convention on the Law of Treaties

http://legal.un.org/avl/ha/vclt/vclt.html

Online resources

" Description of public international law

http://en.wikipedia.org/wiki/Public_international_law

" Max Planck Encyclopedia of Public International Law

http://www.mpepil.com

" Institute of Advanced Legal Studies

http://ials.sas.ac.uk/library/guides/research/res_public.htm

" Columbia University, Arthur W. Diamond Law Library Research Guides,

“Researching Public International Law”

http://library.law.columbia.edu/guides/Researching_Public_International_Law

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http://treaties.un.org/doc/Publication/CTC/uncharter.pdf

http://legal.un.org/avl/ha/vclt/vclt.html

http://en.wikipedia.org/wiki/Public_international_law

http://www.mpepil.com

http://ials.sas.ac.uk/library/guides/research/res_public.htm

http://library.law.columbia.edu/guides/Researching_Public_International_Law

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Class 2. The Outer Space Treaty and the fundamental principles of space law

Topics to be covered

The legal regime governing the conduct of space activities

" International treaties

→ Outer Space Treaty

" Fundamental principles of space law

→ Province of all mankind

→ “Taking into account, in particular, the needs of developing countries”

→ Freedom of exploration and use without discrimination of any kind

→ Non-appropriation

→ Application of the United Nations Charter and general international law

→ Partial de-weaponization of outer space and demilitarization of celestial bodies

→ Responsibility of States for governmental and non-governmental space activities

→ Liability for damage caused by space objects

→ Due regard to the corresponding interest of all States

→ Duty to provide information on and to register space objects

Learning objective

The second class provides students with an overview and discussion of the most

important international treaty governing the conduct of space activities, namely

the 1967 Outer Space Treaty.

Following an overview of the background and genesis of the Outer Space Treaty,

students will gain insight into its main articles and clauses, establishing the

fundamental elements of international space law. The way in which international

responsibility of States functions in the context of outer space and space

activities will also be discussed.

Upon completion of the class, students will be familiar with the concept of

“province of all mankind” as it relates to such other concepts as res communis,

res extra commercium and the “common heritage of mankind”. Students will

also be introduced to the closely related, fundamental principle of non-

appropriation of outer space and the consequences thereof for the legal status

of outer space.

During the second class, the meaning of the clause requiring space activities to

take into account in particular the needs of developing countries will be

discussed, as well as the need to have due regard to corresponding interests

of all other States. In this regard, the contribution of space science and

technology towards the achievement of international development goals will be

highlighted. Students will have a chance to reflect on questions relating to the

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underlying freedom of exploration and use of outer space without discrimination

of any kind, and its legal consequences for international cooperation in outer

space activities.

Students will gain insight in the relationship between the Outer Space Treaty

and general public international law, which will be illustrated when discussing

the application of the United Nations Charter and other rules and principles

of international law to outer space. In this context, the concept of “peaceful

purposes” will be analysed, including in the context of article IV of the Outer

Space Treaty. Finally, students will have a chance to discuss some major

issues of today, including the problems of space debris and the space

environment.

Thus, the class will provide students with a basic understanding of the

importance and benefits of the Outer Space Treaty in terms of its contribution

to a stable and open regime applicable to outer space and outer space activities.

Upon completion of the class, students will have the capacity to discuss the

fundamental principles of space law guiding the conduct of space activities,

providing students with a solid basis for further study throughout the following

classes and modules.


References

" Outer Space Treaty

http://www.unoosa.org/oosa/en/SpaceLaw/outerspt.html

" Declaration of Legal Principles

http://www.unoosa.org/pdf/gares/ARES_18_1962E.pdf

" Benefits Declaration


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Class 3. Other space treaties and General Assembly resolutions

Learning objective

The third class provides students with an overview of the four international space

treaties, following on the heels of the Outer Space Treaty and to a certain extent

elaborating its provisions. A number of important General Assembly resolutions

containing various declarations of principles will also be discussed.

During the class, students will become familiar with the 1968 Rescue Agreement,

dealing with the rescue and return of astronauts and space objects; the 1972

Liability Convention, providing a relatively detailed legal regime for dealing with

damage caused by space objects in an international context; the 1975 Registration

Convention, initiating a dual system of national and international registration of

space objects; and the 1979 Moon Agreement, trying to create a more elaborate

regime for exploration, use and exploitation of the moon beyond that provided

by the Outer Space Treaty. Upon completion of the class, students will have an

understanding of the importance and impact of these treaties as part of the

international space law regime. Current discussions on advancing adherence,

participation and implementation will be highlighted.

Students will also get an overview of the principles, which despite their formally

non-binding nature nevertheless provide important contributions to international

space law. The class will also address other relevant issues, including registration

practices, as laid out in resolutions 1721 A and B of 1961 and resolution 62/101

of 2007; the discussions on radio frequencies and an agreement relating to the



" International treaties

→ Rescue Agreement

→ Liability Convention

→ Registration Convention

→ Moon Agreement

" Principles

→ Declaration of Legal Principles

→ Broadcasting Principles

→ Remote Sensing Principles

→ Nuclear Power Sources Principles

→ Benefits Declaration

" Other relevant topics

→ General Assembly resolution 1721 A and B (1961)

→ ITU Constitution, Convention and Radio Regulations

→ Concept of the “launching State”

→ Registration practice

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geo-stationary orbit; and the concept of the “launching State”, included in

resolution 59/115 of 2004.

Thus, upon completion of the third class, students will have a comprehensive

overview of international space law. Students will also know the origins of

international space law, which has emanated essentially from within the

United Nations, and against this background, students will be prepared for the

final two classes of the first module, where some specific areas of space law

are addressed.


References

" Rescue Agreement

http://www.unoosa.org/oosa/en/SpaceLaw/rescue.html

" Liability Convention

http://www.unoosa.org/oosa/en/SpaceLaw/liability.html

" Registration Convention

http://www.unoosa.org/oosa/en/SORegister/regist.html

" Moon Agreement

http://www.unoosa.org/oosa/en/SpaceLaw/moon.html

" Declaration of Legal Principles


" Broadcasting Principles


" Remote Sensing Principles


" Nuclear Power Sources Principles




" General Assembly resolution 1721(XVI) A and B, International cooperation in

the peaceful uses of outer space (Dec. 20, 1961)


" General Assembly resolution 1963 (XVIII), International cooperation in the

peaceful uses of outer space (Dec. 13, 1963)


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http://www.unoosa.org/oosa/en/SpaceLaw/moon.html








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" General Assembly resolution 59/115, Application of the concept of the

“launching State” (Dec. 10, 2004)


" General Assembly resolution 62/101, Recommendations on enhancing the

practice of States and international intergovernmental organizations in

registering space objects (Dec. 17, 2007)


" ITU Constitution and Convention, as amended in 1992, 1994, 1998, 2002,

2006 and 2010

http://www.itu.int/net/about/basic-texts/index.aspx

" ITU Radio Regulations, Resolutions and Recommendations, 2008 edition

(as amended in 2012)

http://www.itu.int/pub/R-REG-RR-2008 (2008 edition, not reflecting the

2012 amendments)

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http://www.itu.int/pub/R-REG-RR-2008

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Class 4. National regulation, commercialization and privatization



" National regulation of space activities

→ Authorization and continuing supervision—licensing arrangements

→ Liability arrangements—reimbursement and insurance

→ Registration at the national level

" Commercial and private use of outer space

→ The concepts of “commercialization” and “privatization”

Learning objective

The fourth class provides students with an overview of one area beyond

international space law proper, namely that of national regulation of space

activities. Although the international space law regime developed essentially from

within the United Nations, which still plays a key role in determining its parameters

and scope, national regulation of space activities specifically deals with the

increasing commercialization and privatization of certain areas of space activities.

During the fourth class, students will have a chance to analyse how national

authorization and continuing supervision of different aspects of space activities

has taken shape within a number of States, notably through licensing

arrangements and/or important rules of national space agencies, and is currently

taking shape in a number of others. Students will become familiar with the

different reasons for states to undertake such legislative action and gain an

understanding of the resulting differences in approach and implementation. The

aim is not to discuss the existing or developing regulations in any detail, but

rather to demonstrate how the states concerned have taken (or are taking)

responsibility to ensure proper implementation on the national level of the

international space law regime, and what the consequences of such national

regimes are, or could be, at the international level.

Students will have an understanding of the concepts of “commercialization” and

“privatization”, and how they operate in the context of outer space activities.

Students should also be familiar with how the meaning of the terms “commercial”

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and “private” varies among States. Furthermore, in this context, students will be

able to discuss different aspects of liability arrangements on reimbursement and

insurance and the issue of registration at the national level. Students will also

be familiar with the role of national government agencies as potential instruments

for both stimulating a State’s participation in space activities and for monitoring

and regulating private participation therein

Thus, upon completion of the fourth class, students will have acquired a

deeper understanding of how the increasing commercialization and

privatization of several categories of space activities can enjoy guidance from

international space law, and at the same time how the unwanted aspects of

commercialization and privatization might be curbed or controlled through

national regulation.


References







" UNIDROIT Space Protocol

http://www.unidroit.org/english/conventions/mobile-equipment/

spaceassets-protocol-e.pdf

Online resources

" General Assembly resolution 68/74, Recommendations on national

legislation relevant to the peaceful exploration and use of outer space,

11 December 2013

http://www.unoosa.org/pdf/gares/A_RES_68_074E.pdf

" National space law database (United Nations Office for Outer Space Affairs)

http://www.unoosa.org/oosa/en/SpaceLaw/national/state-index.html

" International Law Association (ILA), Report of the Space Law Committee

containing the Sofia Guidelines for a Model Law on National Space

Legislation (2012)

http://www.ila-hq.org/en/committees/index.cfm/cid/29

" Report of the Working Group on National Space Legislation 2012

(A/AC.105/C.2/101)

http://unoosa.org/oosa/en/COPUOS/Legal/ac105-c2.html

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http://www.unidroit.org/english/conventions/mobile-equipment/spaceassets-protocol-e.pdf

http://www.unidroit.org/english/conventions/mobile-equipment/spaceassets-protocol-e.pdf

http://www.unoosa.org/pdf/gares/A_RES_68_074E.pdf

http://www.unoosa.org/oosa/en/SpaceLaw/national/state-index.html


http://unoosa.org/oosa/en/COPUOS/Legal/ac105-c2.html

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Class 5. Multilateral and bilateral agreements and intergovernmental organizations



" Multilateral and bilateral agreements

→ The International Space Station Intergovernmental Agreement

→ The convention establishing the European Space Agency (ESA)

→ Selected bilateral agreements relating to space activities

" International intergovernmental organizations and

bodies related to space activities

→ United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and the United Nations Office for Outer Space Affairs (OOSA)

→ International Telecommunication Union (ITU)

→ International satellite organizations

" Settlement of disputes and enforcement of

international space law

Learning objective

During the fifth class, students will be exposed to two specific categories of

international space law treaties, namely those concerning multilateral or bilateral

agreements pertaining to a specific project of international cooperation, and

those concerning the establishment and role of intergovernmental organizations.

In addition, students will become familiar with the separate issues of the

settlement of disputes and enforcement of international space law.

Students will examine some major examples of multilateral and bilateral

agreements, notably the International Space Station Intergovernmental Agreement

and the convention establishing the European Space Agency (ESA). Furthermore,

students will get an overview of a selection of bilateral agreements on space,

without going into too much technical detail. The selection of bilateral agreements

to be covered will vary depending on the particular region or country where a

course using the structure suggested in the curriculum is given.

During the class, students will also gain insight into the establishment and role

of international intergovernmental organizations and bodies related to space

activities, such as United Nations Committee on the Peaceful Uses of Outer

Space (COPUOS) and the United Nations Office for Outer Space Affairs (OOSA),

and their influence on the ongoing developments of space law. Students will

become familiar with the functions of the International Telecommunication Union

(ITU) and its key role in the coordination of radio frequencies, geo-orbital slots

and other orbits used for non-telecommunication activities. Students will also

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be introduced to the history and role of the international satellite organizations,

including the International Telecommunications Satellite Organization (ITSO;

oversees INTELSAT), the International Mobile Satellite Organization (IMSO;

oversees INMARSAT), Intersputnik, EUTELSAT IGO (oversees EUTELSAT S.A.) and

ARABSAT. It is pointed out that Module 3 will deal exclusively and in much more

detail with satellite communications, including the functions of the ITU.

Finally, the students will get an overview of settlement of disputes and

enforcement of international space law, and the possible roles of the

International Court of Justice, national courts and international arbitration in

this context.

Thus, upon completion of the fifth class, students will have gained a basic

understanding of several specific projects, intergovernmental organizations, and

dispute settlement and enforcement mechanisms, which form a key part of

international space law. In many cases, these forms of international cooperation

illustrate how the general rules of international space law can become more precise

and more concrete when applied to a specific project, organization or issue.


References

" International Space Station Intergovernmental Agreement

ftp://ftp.hq.nasa.gov/pub/pao/reports/1998/IGA.html

" ESA Convention

http://esamultimedia.esa.int/multimedia/publications/SP-1317-EN/pageflip.html


2006 and 2010





2012 amendments)

" Permanent Court of Arbitration Optional Rules for the Arbitration of

Disputes Relating to Outer Space Activities

http://pca-cpa.org/showpage.asp?pag_id=1188

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ftp://ftp.hq.nasa.gov/pub/pao/reports/1998/IGA.html

http://esamultimedia.esa.int/multimedia/publications/SP-1317-EN/pageflip.html



http://pca-cpa.org/showpage.asp?pag_id=1188

1

Online resources

" United Nations Committee on the Peaceful Uses of Outer Space

http://www.unoosa.org/oosa/en/COPUOS/copuos.html

" United Nations Office of Outer Space Affairs

http://www.unoosa.org/oosa/index.html

" ITSO

http://www.itso.int/

" INTELSAT

http://www.intelsat.com/

" IMSO

http://www.imso.org

" INMARSAT

http://www.inmarsat.com/

" Intersputnik

http://www.intersputnik.com/

" EUTELSAT IGO

http://www.eutelsatigo.int/

" EUTELSAT S.A.

http://www.eutelsat.com

" ARABSAT

http://www.arabsat.com/pages/Default.aspx

" International Court of Justice

http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0

" Permanent Court of Arbitration

http://www.pca-cpa.org/showpage.asp?pag_id=1188

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http://www.unoosa.org/oosa/en/COPUOS/copuos.html

http://www.unoosa.org/oosa/index.html

http://www.itso.int

http://www.intelsat.com

http://www.imso.org

http://www.inmarsat.com

http://www.intersputnik.com

http://www.eutelsatigo.int

http://www.eutelsat.com

http://www.arabsat.com/pages/Default.aspx

http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0

http://www.pca-cpa.org/showpage.asp?pag_id=1188

1

Follow-up on Module 1

Test your understanding

1. How do States become bound by international law?

2. Which are the five international treaties and the five sets of principles on

outer space, and what are their main objectives?

3. Why do States need national regulatory frameworks for space activities?

4. What is the role of the Committee on the Peaceful Uses of Outer Space in

international cooperation relating to outer space?

5. Is outer space an area legally comparable to the high seas, or rather to

territorial waters?

6. Does the freedom of space activity result in a freedom to broadcast radio

and television programmes at will?

7. What were the main results of the privatization of INTELSAT, INMARSAT and

EUTELSAT?

For students interested in further study

Module 1 is “the mother of all modules”, so the main topics to be studied by

those wishing to know more would be those dealt with in the other modules.

In addition, one might consider adding the following:

1. Studying national space law and regulation in more detail;

2. Studying the military and security issues involved in space activities and

applications and their legal parameters in more detail;

3. Studying the space traffic management, space situational awareness and

space debris issues in more detail.

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Module 2. International law and other regulations applicable to remote sensing, geographic information systems, satellite meteorology and global climate activities

Introduction

Space technologies play an important role in the area of natural resource

management and environmental monitoring. Remotely sensed data in particular

provide an unparalleled view of the Earth for studies that require synoptic or

periodic observations. These studies include inventory, surveying and

monitoring in agriculture, hydrography, geology, mineralogy, land cover, land

use and environmental monitoring. Remote sensing is a rapidly evolving

technology and it is one of the important spin-offs of space applications and

space science. Remote sensing has become a discipline working side-by-side

with other disciplines such as photogrammetry, cartography, geodetic reference

systems, global navigation satellite systems and geographic information

systems (GIS).

Meteorological satellites have been operating almost continuously since

the beginning of the space age. In addition to forecasting of weather

phenomena, observations from meteorological satellites can be used

directly or together with other information in addressing issues such as

global warming, ozone depletion and global climate change. Research and

development satellites, giving information about the atmosphere and

oceans, are also in operation.

Remote sensing and satellite meteorology activities must be carried out in

accordance with international law. The Remote Sensing Principles, contained in

General Assembly resolution 41/65, stipulate that remote sensing shall be carried

out for the benefit and in the interest of all countries, while taking into account the

needs and interests of developing countries. The principles emphasize the importance

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of the freedom of exploration and use of outer space, to be achieved on the basis

of equality. This includes the disclosure of information in cases of natural disasters

or scenarios which could be harmful to the Earth’s natural environment.

In addition to principles of international law and space law, States are also

guided by a number of global, regional, multilateral and bilateral agreements

which specifically address remote sensing and its various uses. A number of

countries have adopted national laws or policies on remote sensing activities,

covering detailed provisions on how remote sensing is to be carried out. All

these instruments together form the framework within which States are

continuously developing Earth observation technologies in order to respond to

emerging challenges related to natural resources management, land use and

protection of the environment.

Module prerequisite: Module 1 on Basic concepts of international law

and space law

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Module objective

This module provides students with an overview of the basic

legal context and the key international rules and principles

related to remote sensing and GIS, satellite meteorology

and global climate activities. Students are familiarized with

international and national regulatory regimes relating to

Earth observation, as well as with global, regional, multilateral

and bilateral agreements on remote sensing and its various

uses. Finally, the module introduces students to the sources

of data, various data providers and conditions of access to

databases and archives.

Learning outcomes

1. Awareness of international and national laws and

regulatory regimes relating to remote sensing

and GIS, satellite meteorology and global climate

activities.

2. Awareness of global, regional, multilateral and

bilateral agreements relating to remote sensing

and GIS, satellite meteorology and global climate

activities.

3. Awareness of legal issues regarding sources of

data.

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Class Topic

Activity (hours)

L T+P Total

1 International law relating to remote sensing

2 0 2

2 National legislation on remote sensing 2 0 2

3 Regional and global agreements on remote sensing

2 0 2

4 Bilateral and multilateral agreements on remote sensing

2 0 2

5 Sources of remote sensing data 2 0 2

Total 10 0 10


Module design

The module consists of five classes of two hours each. The

classes should consist of approximately 60 minutes of

instruction, followed by at least 30 minutes for questions

and discussion. Active student involvement will be a

primary goal.






list are available online.

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Class 1. International law relating to remote sensing


" International regulatory regimes relating to Earth

observation


→ Remote Sensing Principles

→ General Assembly resolution 61/110 (2006)

→ WMO Resolution 40

→ Benefits Declaration

Learning objective

During the first class, students will become familiar with international law relating

to remote sensing, GIS, satellite meteorology and global climate activities.

Students have already learned in Module 1 that according to the Outer Space

Treaty, all States have the non-exclusive right to use and explore space. In this

context, students will learn that as remote sensing is a use of space, all nations

therefore also have the right to conduct space-based remote sensing.

During the class, students will become familiar with the United Nations Remote

Sensing Principles. The principles, which encourage and set a standard for

international cooperation among States, lay out that a sensed State shall have

non-discriminatory access to primary, processed data and analysed information

at reasonable cost. The principles also stipulate that the needs of developing

countries shall be taken into particular consideration when carrying out remote

sensing activities.

Students will learn that the Remote Sensing Principles specifically promote the

protection of the Earth’s environment and of humankind from natural disasters,

and students will have a chance to discuss accessing and using remote sensing

technologies during all phases of a disaster (General Assembly resolution 61/110).

Access to and use of meteorological remote sensing and worldwide cooperation

in the establishment of observing networks, promotion of the exchange of

meteorological and related information in the interest of all nations will also be

discussed (WMO Resolution 40).

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Upon completion of the class, students will be able to discuss what it means

that cooperation should, among other things, aim to promote the development

of space science and technology and its applications; foster the development

of relevant and appropriate space capabilities in interested States; and facilitate

the exchange of expertise and technology among States on a mutually acceptable

basis (Benefits Declaration).


References



" Remote Sensing Principles




" WMO Resolution 40 (Cg-XII)

http://www.wmo.int/pages/prog/www/ois/Operational_Information/

Publications/Congress/Cg_XII/827_en.pdf

" General Assembly resolution 61/110, United Nations Platform for Space-

based Information for Disaster Management and Emergency Response

(Dec. 14, 2006)

http://www.oosa.unvienna.org/pdf/gares/ARES_61_110E.pdf

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http://www.wmo.int/pages/prog/www/ois/Operational_Information/Publications/Congress/Cg_XII/827_en.pdf

http://www.wmo.int/pages/prog/www/ois/Operational_Information/Publications/Congress/Cg_XII/827_en.pdf


2

Class 2. National legislation on remote sensing


" National regulatory regimes relating to Earth observation

→ Canada ▸ Licensing ▸ Data access

→ France ▸ Space operations

→ Germany ▸ Satellite operation ▸ General data distribution ▸ Specific data transactions

→ India ▸ Remote Sensing Data Policy

→ Iran ▸ Statute of the Iranian Space Agency

→ Japan ▸ Space operations

→ United Kingdom ▸ 1986 Outer Space Act

→ United States ▸ Satellite operating licence ▸ Data distribution licence

Learning objective

During this class, students will be introduced to national legal frameworks on

remote sensing that have evolved around the world, including those of Canada,

France, Germany, India, Iran (Islamic Republic of), Japan, the United Kingdom

and the United States. Students will see how some elements of the Remote

Sensing Principles have been incorporated into those national regulatory

frameworks, and how each State has adapted the principles and crafted

legislation to address its own specific needs. Students will become familiar with

topics like data access, satellite operating licences and data distribution licences.

Upon completion of the class, students will have an overview of national

legislation on remote sensing activities.

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References

" Canada Remote Sensing Systems Act

http://laws-lois.justice.gc.ca/eng/acts/R-5.4/FullText.html

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2007-66/page-1.html

" French Law no. 2008-518 of 3 June 2008 (Loi no 2008-518 du 3 juin 2008

relative aux opérations spatiales)

http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGIT

EXT000018939303 (original)

http://download.esa.int/docs/ECSL/France.pdf (unofficial English translation)

" German Act on Satellite Data Security

http://www.gesetze-im-internet.de/satdsig/index.html (original)

http://www.spacelaw.olemiss.edu/jsl/pdfs/back-issues/jsl-34-1.pdf

(article pp. 97-114, unofficial English translation pp. 115-140)

" Indian Remote Sensing Data Policy

http://www.isro.org/news/pdf/RSDP-2011.pdf

" Statute of the Iranian Space Agency


(unofficial English translation pp. 487-495)

" Japanese Law: Geospatial Information Utilization Promotion Bill of May 30,

2007, 33rd Journal of Space Law, pp. 457-469 (2007)

http://www.spacelaw.olemiss.edu/JSL/Back_issues/JSL%2033-2.pdf

" Japanese Fundamental Act of Outer Space


(unofficial English translation pp. 471-485)

" United Kingdom 1986 Outer Space Act

http://www.legislation.gov.uk/ukpga/1986/38

" United States Land Remote Sensing Policy Act of 1992

http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_82.html

" United States Commercial Remote Sensing Regulations

http://www.nesdis.noaa.gov/CRSRA/files/15%20CFR%20Part%20960%20

Regs%202006.pdf

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http://laws-lois.justice.gc.ca/eng/acts/R-5.4/FullText.html

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2007-66/page-1.html

http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT000018939303

http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT000018939303

http://download.esa.int/docs/ECSL/France.pdf

http://www.gesetze-im-internet.de/satdsig/index.html


http://www.isro.org/news/pdf/RSDP-2011.pdf


http://www.spacelaw.olemiss.edu/JSL/Back_issues/JSL

2033-2.pdf


http://www.legislation.gov.uk/ukpga/1986/38

http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_82.html

http://www.nesdis.noaa.gov/CRSRA/files/15%20CFR%20Part%20960%20Regs%202006.pdf

2

Class 3. Regional and global agreements on remote sensing


" Regional and global agreements

→ The Vienna Convention on the Protection of the Ozone Layer (1985)

→ Montreal Protocol (1987)

→ International Charter on Space and Major Disasters

→ Committee on Earth Observations Satellites (CEOS)

→ Group on Earth Observations (GEO)

→ International Geosphere-Biosphere Programme (IGBP)

→ Copernicus (previously Global Monitoring for Environment and Security (GMES))

Learning objective

During the class, students will get an overview of remote sensing issues at the

regional and global levels. Students will be familiarized with topics such as

long-term regional monitoring and monitoring of the Earth for carbon emissions,

ozone depletion and disasters. Students will study a variety of agreements

dealing with these topics, including the 1985 Vienna Convention on the Protection

of the Ozone Layer, the 1989 Montreal Protocol and the International Charter

on Space and Major Disasters.

Upon completion of the class, students will be familiar with the functions of a

number of institutions and organizations that have a role in implementing

international cooperation and monitoring through Earth observation, including

the Committee on Earth Observations Satellites (CEOS), the Group on Earth

Observations (GEO), the International Geosphere-Biosphere Programme (IGBP)

and Copernicus. Students will learn about these organizations, why and how

they were formed and what the nature of their work is. Some monitoring

constellations will also be discussed, including the Disaster Monitoring

Constellation (DMC).

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References

" The 1985 Vienna Convention on the Protection of the Ozone Layer

http://ozone.unep.org/Publications/VC_Handbook/index.shtml

" The 1989 Montreal Protocol

http://ozone.unep.org/Publications/MP_Handbook/Section_1_The_

Montreal_Protocol/index.shtml

" International Charter on Space and Major Disasters

http://www.disasterscharter.org/web/charter/charter

Online resources

" Committee on Earth Observation Satellites (CEOS)

http://www.ceos.org/

" Group on Earth Observations (GEO)

http://www.earthobservations.org/index.shtml

" International Geosphere-Biosphere Programme (IGBP)

http://www.igbp.net/

" Copernicus

http://www.copernicus.eu/

" Disaster Monitoring Constellation

http://www.dmcii.com/

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http://ozone.unep.org/Publications/VC_Handbook/index.shtml

http://ozone.unep.org/Publications/MP_Handbook/Section_1_The_Montreal_Protocol/index.shtml

http://ozone.unep.org/Publications/MP_Handbook/Section_1_The_Montreal_Protocol/index.shtml


http://www.ceos.org

http://www.earthobservations.org/index.shtml

http://www.igbp.net

http://www.copernicus.eu

http://www.dmcii.com

2

Class 4. Bilateral and multilateral agreements on remote sensing


" Bilateral and multilateral agreements

→ CBERS: Brazil and China

→ COSMO-SkyMed: France and Italy

→ PLEIADES: France and Italy

→ RADARSAT: Canada and the United States

→ Aquarius/SAC-D: Argentina, Brazil, Canada, France, Italy and the United States

Learning objective

During the class, students will be introduced to remote sensing agreements

between States on a bilateral or multilateral basis. These agreements are

negotiated and implemented outside of regional and global intergovernmental

organizations and they deal with different kinds of satellites with different

capabilities, including public-private partnerships, government-to-government

arrangements, and dual use systems.

Upon completion of the class, students will be familiar with the China-Brazil

Earth Resources Satellite (CBERS) agreement; the Constellation of Small Satellites

for Mediterranean Basin Observation (COSMO-Skymed) and Pleiades agreements

between France and Italy; the 2000 Agreement on Commercial Remote Sensing

Satellite Systems and RADARSAT agreements between Canada and the United

States; and the Aquarius/SAC-D Mission of Argentina and the United States, with

participation from Brazil, Canada, France and Italy.

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Online resources

" China–Brazil Earth Resources Satellite (CBERS)

http://www.cbers.inpe.br/ingles/

" COSMO-SkyMed: Mission Definition and Main Application and Products

http://www.cosmo-skymed.it/en/index.htm

" PLEIADES

http://smsc.cnes.fr/PLEIADES/

" 2000 United States-Canada Agreement on Commercial Remote Sensing

Satellite Systems

http://www.treaty-accord.gc.ca/text-texte.aspx?id=103522

" Aquarius/SAC-D

http://aquarius.nasa.gov/ and http://www.invap.com.ar/es/area-

aeroespacial-y-gobierno/proyectos/satelite-sac-daquarius.html

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http://www.cbers.inpe.br/ingles

http://www.cosmo-skymed.it/en/index.htm

http://smsc.cnes.fr/PLEIADES

http://www.treaty-accord.gc.ca/text-texte.aspx?id=103522

http://aquarius.nasa.gov

http://www.invap.com.ar/es/area-aeroespacial-y-gobierno/proyectos/satelite-sac-daquarius.html

http://www.invap.com.ar/es/area-aeroespacial-y-gobierno/proyectos/satelite-sac-daquarius.html

2

Class 5. Sources of remote sensing data


" Sources of data

→ Civil government systems

→ Private commercial systems

▸ DigitalGlobe ▸ Imagesat International

→ Public-private partnership commercial systems

▸ Radarsat ▸ SPOT ▸ TerraSAR-X

→ Databases and regulations

→ Archives

▸ European Infrastructure for Spatial Information in Europe (INSPIRE)

▸ National Satellite Land Remote Sensing Data Archive

Learning objective

During the class, students will get an introduction to the sources of satellite

data, including the satellites, databases and archives, and access conditions for

some of those services. Students will become familiar with the satellite categories,

including civil government systems (for example, the Landsat satellites); private

commercial systems (for example, DigitalGlobe and Imagesat International); and

public-private partnership commercial systems (for example, Radarsat, SPOT and

Terra-SAR-X). Students will also be introduced to databases and examples of the

laws that govern them, including the EU Database Protection Directive. Upon

completion of the class, students will also be familiar with various archives and

initiatives that either store and/or disseminate data for the long term. In this

regard, the European Infrastructure for Spatial Information in Europe (INSPIRE)

initiative and the United States National Satellite Land Remote Sensing Data

Archive will be discussed.

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Online resources

" Landsat Program

http://landsat.gsfc.nasa.gov/

" DigitalGlobe

http://www.digitalglobe.com/

" Imagesat International

http://www.imagesatintl.com/

" RADARSAT

http://www.asc-csa.gc.ca/eng/satellites/radarsat1/

http://www.asc-csa.gc.ca/eng/satellites/radarsat2/

http://www.asc-csa.gc.ca/eng/satellites/radarsat/

" SPOT

http://www.astrium-geo.com/en/143-spot-satellite-imagery

" Terra-SAR-X

http://www.astrium-geo.com/terrasar-x/

" EU Data Protection Directive

http://eur-lex.europa.eu/LexUriServ/LexUriServ.

do?uri=CELEX:31995L0046:EN:HTML

" EU INSPIRE Geoportal

http://inspire.jrc.ec.europa.eu/

" United States National Satellite Land Remote Sensing Data Archive

http://eros.usgs.gov/archive/nslrsda/

" Indian Remote Sensing Satellite data

http://www.antrix.gov.in/earth_observation.html

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http://landsat.gsfc.nasa.gov

http://www.digitalglobe.com

http://www.imagesatintl.com

http://www.asc-csa.gc.ca/eng/satellites/radarsat1

http://www.asc-csa.gc.ca/eng/satellites/radarsat2

http://www.asc-csa.gc.ca/eng/satellites/radarsat

http://www.astrium-geo.com/en/143

http://www.astrium-geo.com/terrasar

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML

http://inspire.jrc.ec.europa.eu

http://eros.usgs.gov/archive/nslrsda

http://www.antrix.gov.in/earth_observation.html

2



Class 1. International legislation

1. What are the major sources of international law on remote sensing?

2. What do these sources provide?

3. What agreements address activities related to disasters?

Class 2. National legislation

1. Which States have national legislation on remote sensing? Name one feature

these laws have in common with international law.

2. What is an operating license?

3. What is a data access license?

Class 3. Regional and global agreements

1. What is the most common subject matter of regional and global agreements?

2. Name some of the organizations established under these agreements.

3. What is the oldest regional agreement in this category?

Class 4. Bilateral and multilateral agreements

1. What is the difference between a “bilateral” and a “multilateral” agreement?

2. What kinds of entities enter into these agreements?

3. What does “dual use” mean?

Class 5. Sources of data

1. Name three categories of data providers.

2. Name two satellite company data providers.

3. Name two government data providers.

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For students interested in further study the following additional important

aspects are recommended:

1. Intellectual property (IP) law

http://www.wipo.int/about-ip/en/

http://www.wipo.int/library/en/

2. Creative Commons: making it easier for people to share and build upon the

work of others, consistent with the rules of copyright.

http://creativecommons.org/about

3. The use of satellite data in international litigation (see, for example, the

Report of the International Law Association Space Law Committee, 2012)


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http://www.wipo.int/about-ip/en

http://www.wipo.int/library/en

http://creativecommons.org/about


3

Module 3. Satellite communications and applicable international law and other regulations

Introduction

As laid out in the Outer Space Treaty of 1967, outer space is free for exploration

and use by all States without discrimination, on the basis of equality and in

accordance with international law. However, outer space is not subject to national

appropriation by claim of sovereignty, or by use, occupation or any other means,

and therefore it cannot come under the ownership of any State or private entity.

The same applies for orbital positions used by satellites: nobody owns orbital

positions, since they are a common resource which can be used as long as

international regulations and procedures are fully complied with.

The International Telecommunication Union (ITU) is the specialized agency of

the United Nations responsible for the international regulation and management

of the radio-frequency spectrum and orbital resources, which are indispensable

not only for satellite communications but also for all space missions. ITU member

States have agreed on a legal regime covering these issues, and the applicable

rules can be found in the ITU Constitution and Convention and in the ITU

Radio Regulations.

Article 44 of the ITU Constitution establishes that member States shall “bear in

mind that radio frequencies and any associated orbits, including the geostationary-

satellite orbit, are limited natural resources and that they must be used rationally,

efficiently and economically, in conformity with the provisions of the Radio

Regulations, so that countries or groups of countries may have equitable access

to those orbits and frequencies, taking into account the special needs of the

developing countries and the geographical situation of particular countries.”

Satellite communications are consequently also regulated on the national

level, as States ultimately bear responsibility for space activities carried out

by any of their public or private entities. Such national regulation, control and

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supervision includes licensing and regulation procedures relating to the

operation of satellite services and the application of internationally agreed

technical standards.

Satellite systems for communications have opened up channels for information

exchange, making distances between locations on opposite sides of the Earth

seem shorter than ever before. The regulation of the flow of information has

been a highly political issue both nationally and internationally since the dawn

of the space age. The transmission, interception and distribution of satellite

signals continues to spur discussions among States, and regulatory frameworks

are constantly adapted to changing circumstances in an effort to find a balance

between efficiency and equity on the one hand, and between freedom and

restraint on the other.

Module prerequisite: Module 1 on Basic concepts of international law and

space law

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Module objective


legal context and the key international legal concepts,

terminology, rules and principles related to satellite

communications activities. The thrust of this module is

essentially to be complementary to the education curriculum

on satellite communications, which is currently taught by the

Regional Centres and is also available on the OOSA website.

Upon completion of the module, students will be familiar

with issues relating to international coordination and

registration with the ITU of radio frequencies and orbital

positions. During the classes in this module, students are

introduced to processes of national licensing and regulation

of the operation of satellite services, and to the adoption

and application of technical standards. Students will also

become aware of questions relating to harmful interference

and resolution of disputes. In addition, students are

familiarized with various regulations of the World Trade

Organization (WTO) and procedures of the Global Mobile

Personal Communication Services (GMPCS). Upon completion

of the module, students will be able to discuss issues relating

to the regulation of direct satellite broadcasting in the light

of various instruments of international and national law.

Learning outcomes

1. Awareness of international and national regulatory

regimes relating to satellite communications and

satellite broadcasting activities.

2. Awareness of national licensing processes and

international coordination of the use of radio

frequencies and orbital positions; the necessity

of technical standards; and the resolution of

interference disputes.

3. Awareness of legal issues relating to the

operation of and international trade in satellite

communication services.

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Module design

The module consists of five classes of two hours each, with

the exception of class 2 (see below). The classes should

consist of approximately 60 minutes of instruction, followed

by at least 30 minutes for questions and discussions. Active

student involvement will be a primary goal.







The first two classes make up a unit which gives students

an overview of international law related to satellite

communications. The descriptions of the two classes are

therefore combined in one section. Class 2 includes

60 minutes for conducting a practical exercise. Bearing that

in mind, it is suggested that the total time allotted for

class 2 be three hours.


Class Topic

Activity (hours)

L T+P Total

1 Overview of international law on satellite communications (first part)

2 0 2

2 Overview of international law on satellite communications (second part)

2 1 3

3 Technical standards and national licensing

2 0 2

4 International trade in satellite communication services and global mobile personal communication services

2 0 2

5 Satellite broadcasting 2 0 2

Total 10 1 11


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Classes 1 and 2. Overview of international law on satellite communications


" Access to and use of radio frequencies and orbital

positions


→ Selection of appropriate radio frequencies and orbital positions

→ How to acquire radio frequencies and appropriate orbital positions

▸ “First-Come, First Served” and a priori planning procedures

▸ Coordination and registration with ITU

→ Harmful interference and resolution of interference problems

→ National laws and regulations (including those that implement international law)

Learning objective

The first two classes will introduce students to the principles and rules of

international law related to satellite communications which are primarily

contained in the Constitution and Convention of the International

Telecommunication Union (ITU) as well as in its Radio Regulations.

During the first two classes, students will become familiar with questions relating

to access to and interference-free use of appropriate radio frequencies and

orbital positions, which are indispensable for satellite communications. Students

will learn about the extensive regulation of satellite communications, both

internationally and nationally. Topics such as national selection, international

procedures to be followed for coordination and registration of radio frequencies

with ITU, and the avoidance and resolution of harmful interference problems will

be addressed.

During the second class, a practical case-study exercise will be carried out

explaining the regulatory steps that a company or a satellite operator would

need to follow in order to acquire access to and interference-free use of the

required radio frequencies and orbital positions.

Upon completion of the first two classes, students will be able to answer the

following questions: Who makes the international law on satellite communications

and what are the main features of these rules? What regulatory steps need to

be followed by an operator of satellite communication services?

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References


2006 and 2010





2012 amendments)

Online resources


http://www.oosa.unvienna.org/oosa/en/SpaceLaw/national/state-index.

html

" Schematic overview of national regulatory frameworks for space activities

(United Nations Office for Outer Space Affairs)

http://www.oosa.unvienna.org/oosa/en/SpaceLaw/national/schematic-

overview.html

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http://www.oosa.unvienna.org/oosa/en/SpaceLaw/national/state-index.html


http://www.oosa.unvienna.org/oosa/en/SpaceLaw/national/schematic-overview.html


3

Class 3. Technical standards and national licensing


" Adoption and application of technical standards

→ International (ITU) and national regulations

" National licensing and regulation of the operation of

satellite services

→ Network planning

Learning objective

During this class, students will learn that in order to ensure effective

communications by satellite, all networks must operate by using common

technical standards, procedures and recommendations. Upon completion of the

class, students will be familiar with how such standards are adopted, primarily

through ITU, and how they are implemented (applied) through national regulatory

systems for communications so that all satellite users are in a position to

communicate effectively and efficiently.

Upon completion of the class, students will know that all states impose

requirements on operators of satellite communications to acquire national

licenses from appropriate authorities. Students will be able to name and discuss

some general international obligations and requirements for acquiring such

licenses (as specified in the ITU Constitution, Convention and Radio Regulations)

and what national rules and procedures need to be respected by the operators

of satellite communications systems.

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References


2006 and 2010





2012 amendments)

" ITU Recommendations/standards

http://www.itu.int/en/ITU-T/publications/Pages/recs.aspx

Online resources






overview.html

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http://www.itu.int/en/ITU-T/publications/Pages/recs.aspx




3


" World Trade Organization regulations

→ General principles of trade in services (especially communications)

→ Agreement on basic telecommunication services (1997)

▸ Competition ▸ Universal service

" Global mobile personal communication services

(GMPCS) procedures

→ Memorandum of Understanding—GMPCS (1998)

Learning objective

During this class, students will become familiar with the World Trade Organization

(WTO), the international organization that deals with the global rules of trade

in commodities and services among States. Students will get an overview of the

developments of the communications arena since the mid-nineties, when the

traditional government communication monopolies started being replaced by

privately owned companies operating in a competitive environment.

Students will learn that the WTO member countries have agreed to liberalize their

communication sector and to open up their markets in this sector at various

levels. WTO member States have also agreed that the operation of national

communications must be such that foreign capital and operators are allowed in

to compete domestically. Students will learn that the WTO’s General Agreement

on Trade in Services (GATS) puts trade in communications services, both basic

and value-added, within the ambit of the new multilateral trading system. Upon

completion of the class, students will be able to identify the most important

regulatory principles which must be followed by WTO member States in the

design of their national communications regulatory frameworks, dealing with

competition safeguards, interconnection guarantees, universal service and

independence of the regulator. These regulatory principles are contained in the

1997 Agreement on Basic Telecommunications, which imposes worldwide

commitment to opening markets, promoting competition and preventing anti-

competitive conduct in all communications services (wire-based, radio-based or

satellite-based), and in the so-called Reference Paper, both of which are included

in the GATS.

Class 4. International trade in satellite communication services and global mobile personal communication services

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During this class, students will also become familiar with global mobile personal

communications services (GMPCS), which is a personal communication system

providing transnational, regional or global coverage from a constellation of

satellites accessible with small and easily transportable terminals. A Memorandum

of Understanding (MoU) on the topic, drafted through ITU, contains voluntary

principles that have been developed to help national policymakers, regulatory

authorities, GMPCS operators and service providers manage the introduction

and operation of GMPCS. Upon completion of the class, students will be able

to discuss these principles, especially those that deal with technical certification,

customs-free circulation of GMPCS terminals across borders and roaming.


References

" General principles of trade in services (especially communications)

http://www.wto.org/english/tratop_e/serv_e/serv_e.htm

" Agreement on basic telecommunication services (1997)

http://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_e.htm

http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm

" Reference paper on telecommunications services (1996)

http://www.wto.org/english/tratop_e/serv_e/telecom_e/tel23_e.htm

" ITU Memorandum of Understanding—GMPCS (1998)

http://www.itu.int/en/gmpcs/Pages/default.aspx (guidance on access for

external users can be found at the bottom of the page)

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http://www.wto.org/english/tratop_e/serv_e/serv_e.htm

http://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_e.htm

http://www.wto.org/english/tratop_e/serv_e/12-tel_e.htm

http://www.wto.org/english/tratop_e/serv_e/telecom_e/tel23_e.htm

http://www.itu.int/en/gmpcs/Pages/default.aspx

3

Class 5. Satellite broadcasting


" Regulation of direct satellite broadcasting contents

→ Broadcasting Principles (1982)

→ UNESCO declaration on satellite broadcasting (1972)

→ ITU a priori plans for broadcasting satellite services

→ ITU Radio Regulations, article 23, section II, on broadcasting satellite service

→ Regional and national regulation of broadcast contents

→ International Convention Concerning the Use of Broadcasting in the Cause of Peace, signed at Geneva (1936)

→ General Assembly resolution 110 (II) (1947)

→ Universal Declaration of Human Rights (1948) and human rights conventions

→ Unauthorized distribution of satellite signals

▸ Brussels Convention (1974)

Learning objective

During this class, students will discuss the regulation of the flow of information,

which has always been a highly political issue both nationally and internationally.

From the dawn of the space age, direct broadcasting by satellite (DBS) has been

controversial, with some States favouring the requirement of agreements between

the transmitting and receiving States prior to starting up of a DBS service and

other States preferring freedom of the flow of information without any restriction.

First, during this class, students will be introduced to several legal texts with a

view to gaining an understanding of the state of law at both the international

and national levels. These texts will include, but are not limited to, the principle

of freedom of broadcasting based on international customary law, as well as the

1948 Universal Declaration of Human Rights (in particular article 19) and the

International Covenant on Civil and Political Rights (in particular article 19), which

lay out the obligations of States to guarantee the freedom of expression and the

right to receive and impart information; the 1936 Convention on the Use of

Broadcasting in the Cause of Peace; the radio frequency coordination requirements

under the ITU regulations, ITU a priori allotment plans and article 23 of the ITU

Radio Regulations, dealing with broadcasting services; the 1972 UNESCO

Declaration on the Use of Satellite Broadcasting for the Free Flow of Information,

the Spread of Education and Greater Cultural Exchange; the Broadcasting Principles

contained in General Assembly resolution 37/92 of 1982; and General Assembly

resolution 110 (II) of 1947, condemning propaganda designed or likely to provoke

or encourage any threat to peace, breach of the peace or act of aggression.

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Second, the class will address the issue of interception and distribution of

satellite signals. Upon completion of the class, students will be familiar with

the problems concerning unauthorized interception and distribution of radio

signals. As radio signals transmitted by a satellite are generally available over

wide geographical areas, their unauthorized interception and distribution may

occur in many countries which are within the footprints of that satellite.

Students will discuss these concerns and how the problem of piracy of satellite

programmes is regulated to some extent under the 1974 Brussels Convention

Relating to the Distribution of Programme-Carrying Signals Transmitted by

Satellite.


References



" Broadcasting Principles

http://www.unoosa.org/oosa/en/SpaceLaw/gares/html/gares_37_0092.html


2006 and 2010





2012 amendments)

" Regulation of Global Broadband Satellite Communications, April 2012

http://www.itu.int/ITU-D/treg/broadband/ITU-BB-Reports_

RegulationBroadbandSatellite.pdf

" The Universal Declaration of Human Rights

http://www.un.org/en/documents/udhr/

" International Covenant on Civil and Political Rights, 1966

http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

" International Convention Concerning the Use of Broadcasting in the Cause

of Peace, 1936

http://www.jstor.org/stable/2213758?seq=1

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http://www.unoosa.org/oosa/en/SpaceLaw/gares/html/gares_37_0092.html



http://www.itu.int/ITU-D/treg/broadband/ITU-BB-Reports_RegulationBroadbandSatellite.pdf

http://www.itu.int/ITU-D/treg/broadband/ITU-BB-Reports_RegulationBroadbandSatellite.pdf

http://www.un.org/en/documents/udhr

http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

http://www.jstor.org/stable/2213758?seq=1

3

" Convention Relating to the Distribution of Programme-Carrying Signals

Transmitted by Satellite, Brussels, 1974

http://www.wipo.int/treaties/en/ip/brussels

" General Assembly resolution 61/110, United Nations Platform for Space-

based Information for Disaster Management and Emergency Response

(Dec. 14, 2006)


" UNESCO, Declaration of Guiding Principles on the Use of Satellite

Broadcasting for the Free Flow of Information, the Spread of Education and

Greater Cultural Exchange, 1972

http://portal.unesco.org/en/ev.php-URL_ID=17518&URL_DO=DO_

TOPIC&URL_SECTION=201.html

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http://www.wipo.int/treaties/en/ip/brussels


http://portal.unesco.org/en/ev.php-URL_ID=17518&URL_DO=DO_TOPIC&URL_SECTION=201.html

3



1. What international regulatory procedures would your country have to follow

in order to procure interference-free use of appropriate radio frequencies

and related geostationary orbital positions for a private company, incorporated

in your country, looking to start providing satellite communication services?

2. Describe the relevant provisions (and their limitations) of international

treaties providing protection against “piracy” of programme-carrying

satellite signals.

3. “There exists no right of freedom of international broadcasting by satellite.”

Discuss the validity of this statement by citing relevant international legal

principles and rules.


For students interested in further study, the following additional important

aspects are recommended:

1. Legal aspects of purchasing or leasing communication satellites and/or

transponders;

2. Negotiation for and conclusion of contracts for international satellite

communications services;

3. Compliance with and protection of intellectual property rights in programmes

broadcasted via satellite.

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Module 4. Global navigation satellite systems and applicable international law and other regulations

Introduction

Global navigation satellite systems (GNSS) are systems of satellites which provide

continuously optimized location and time information, transmitting a variety of

signals on multiple frequencies available at all locations on Earth.

GNSS can have both civilian and military uses, and air and maritime

navigation increasingly rely on GNSS. Currently, GNSS services are provided

by the Global Positioning System (GPS) of the United States, the Global

Navigation Satellite System (GLONASS) of the Russian Federation, Galileo of

the European Union and Compass/BeiDou of China. Additional regional

capacities to provide enhanced regional coverage have been developed by

India and Japan.

Various aspects of international law, and space law in particular, are relevant to

the operation of GNSS, including issues related to the access to and use of radio

frequencies and orbital positions, the registration of satellites, the right of access

to GNSS services, interference with GNSS signals, financing of GNSS and liability

for negligent GNSS services. States continue to meet under the auspices of the

International Committee on Global Navigation Satellite Systems (ICG) to discuss

and resolve questions such as interoperability and compatibility of GNSS

services, non-interference with other GNSS systems and increasing GNSS use to

support sustainable development, particularly in the developing countries.

Module prerequisite: Module 1 on Basic concepts of international law

and space law

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Module objective


legal context, key legal concepts and terminology of satellite

navigation and time positioning. Students are introduced to

GNSS laws and regulations, as well as to the international

forums for discussion and cooperative decision-making

among governments for resolving problems related to GNSS.

Students will become familiar with GNSS services used to

provide greater positioning accuracy and will learn about

the characteristics of individual GNSS providers and national

legal regimes affecting GNSS. Specific aspects of space law

that are of key relevance to GNSS will be highlighted. Finally,

students are familiarized with the various uses of GNSS,

including the dual use of GNSS technology for civilian and

military purposes. An overview of current and/or continuing

problems will conclude the module.

Learning outcomes

1. Awareness of regulatory frameworks for GNSS.

2. Awareness of legal terminology related to GNSS

and the applicable legal framework for GNSS.

3. Awareness of issues related to international

cooperation and problem resolution approaches

for GNSS.

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Module Design

The module consists of five classes of two hours each. The

classes should consist of approximately 60 minutes of

instruction, followed by at least 30 minutes for questions

and discussion. Active student involvement will be a

primary goal.








Class Topic

Activity (hours)

L T+P Total

1 International institutional context for GNSS operations

2 0 2

2 GNSS providers and GNSS augmentation 2 0 2

3 GNSS users 2 0 2

4 Legal framework for GNSS services 2 0 2

5 GNSS services, uses and current problems

2 0 2

Total 10 0 10


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Class 1. The international institutional context for global navigation satellite systems operations


" International institutional context for global navigation

satellite systems (GNSS) operations

→ Committee on the Peaceful Uses of Outer Space (COPUOS)

→ The International Committee on Global Navigation Satellite Systems (ICG)

→ International Civil Aviation Organization (ICAO)

→ International Maritime Organization (IMO)

→ International Telecommunication Union (ITU)

Learning objective

During the class, students will be introduced to the international regulatory

institutions and organizations related to global navigation satellite systems

(GNSS). Students will become familiar with the background for the

establishment of the International Committee on Global Navigation Satellite

Systems (ICG), namely, the need for an international multimodal forum for

governments to discuss and cooperatively resolve problems such as

interoperability of GNSS services and non-interference with each other’s GNSS

systems. The functions of a number of actors relevant to GNSS are described,

including the ICG, the United Nations and its Committee for the Peaceful Uses

of Outer Space (COPUOS) and the United Nations Office for Outer Space

Affairs (OOSA).

During the first class, students will learn about the increasing reliance of

international air navigation on GNSS. Students will have a chance to analyse

and discuss the ICAO member States’ legal right to deviate from international

flight standards, while taking into account how such deviations can lead to

severe air safety problems. Students will become familiar with the Convention

on International Civil Aviation (Chicago Convention) and ICAO’s legal mandate

under article 44 (h) to “promote safety of flight in international air navigation”,

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ICAO’s Global Air Navigation Plan, as well as the ICAO Standards and

Recommended Practices (SARPS) for aircraft navigation by GNSS.

Upon completion of the first class, students will also be familiar with the ICAO

Charter on Rights and Obligations of States Relating to GNSS Services and IMO’s

legal requirements for ships to have and use GNSS equipment in maritime

navigation. Finally, students will build on their knowledge from Module 3 on

satellite communications and further discuss the need for adequate radio

frequencies for communication with GNSS satellites and the role of the ITU not

only in allocating necessary radio frequencies, but also in preventing radio

interference among the competing GNSS operators operating in proximate orbits

and using proximate radio frequencies. Lastly, students will become familiar with

the dangers of intentional and accidental signal interferences and the importance

of efforts to track and eliminate such interferences.


References



" Convention on International Civil Aviation (1944)

http://www.icao.int/publications/pages/doc7300.aspx

" Convention on International Civil Aviation, annex 10

http://www.icao.int/Documents/annexes_booklet.pdf

" ICAO Assembly Resolution A32-19, Charter on Rights and Obligations of

States Relating to GNSS Services

http://legacy.icao.int/icao/en/assembl/a32/resolutions.pdf

" ICAO’s Global Air Navigation Plan, ICAO Doc. 9750 AN/963

http://www.icao.int/publications/Documents/9750_cons_en.pdf

" Convention on the International Maritime Organization, 289 UNTS 3 (art. 16)

http://avalon.law.yale.edu/20th_century/decad056.asp#1

" IMO Res. 860(2) (1997)

http://www.imo.org/blast/blastDataHelper.asp?data_

id=22639&filename=A860%2820%29.pdf


2006 and 2010


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http://www.imo.org/blast/blastDataHelper.asp?data_id=22639&filename=A860%2820%29.pdf



4

Online resources

" International Committee on Global Navigation Satellite Systems (ICG)

http://www.unoosa.org/oosa/en/SAP/gnss/icg.html

" OOSA, 10 Years of Achievement of the United Nations on Global Navigation

Satellite Systems, 2011

http://www.unoosa.org/pdf/icg/2011/11-85461_ICG-ST-55_eBook.pdf

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4

Class 2. GNSS providers and GNSS augmentation


" GNSS providers

→ Global Positioning System (GPS) (United States)

→ GLONASS (Russian Federation)

→ Galileo (Europe)

→ COMPASS/BeiDou (China)

→ Regional GPS-Aided Geo-Augmented Navigation (GAGAN) (India)

→ Regional Multifunctional Satellite Augmentation System (MSAS) (Japan)

" GNSS augmentation services

→ United States Wide Area Augmentation Service (WAAS) and Differential Global Positioning System (DGPS)

→ European Geostationary Navigation Overlay Service (EGNOS)

→ System for Differential Corrections and Monitoring (SDCM) (Russian Federation)

→ COMPASS/Beidou (China)

→ Multi-function Satellite Augmentation System (MSAS) (Japan)

→ GPS-Aided Geo-Augmented Navigation (GAGAN) (India)

Learning objective

During this class the students will learn about characteristics of the individual

GNSS providers. Students will become familiar with the Global Positioning System

(GPS) of the United States, which is the most widely used GNSS system. Students

will learn that GPS is a dual-use system that serves both civilian and military

users and that it is operated by the United States Air Force and managed by an

inter-agency executive board relating to both civil, military and augmentation

uses. Students will learn about the Russian GLONASS, which also has a dual

function as a civil and military system and which is provided by the Russian

Defence Ministry and operated by the GLONASS administration. Students will

also become familiar with a third global GNSS provider, Galileo, which is a joint

initiative between the European Commission and the European Space Agency

and which will become available in 2014. When deployed, Galileo will be inter-

operable with both GPS and GLONASS and the three systems will operate as a

seamless web. Further GNSS operating systems that will be introduced include

COMPASS/BeiDou, which is being built by China and which is gradually becoming

global; GAGAN, currently being built by India; and MSAT, the regional positioning

and navigation satellite system developed by Japan.

Students will learn about the different kinds of GNSS signals available, for

example, the Standard Positioning Service, available to all users, and the Precise

Positioning Service, available to certain military users. They will also understand

the importance of the interoperability of all GNSS providers, how interoperability

improves safety, that is, if one system fails, then the other systems are available.

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During the class, students will become familiar with GNSS at the regional and

local levels, as well as with various GNSS augmentation services that provide

users with greater positioning accuracy than is provided by regular GNSS systems.

Augmentation systems are not necessarily linked to any one GNSS system. Upon

completion of the class, students will be familiar with a variety of augmentation

systems used in different geographical regions, including the United States Wide

Area Augmentation Service (WAAS) operated by the Federal Aviation Administration;

the Differential Global Positioning System (DGPS) used by the United States Coast

Guard for accurate navigation of ships and for accurate measurements on the

surface; the European augmentation system, EGNOS, that currently augments

GPS, and which will be available to augment Galileo in the future; the Russian

System of Differential Corrections and Monitoring (SDCM); the COMPASS/BeiDou

system, which provides greater accuracy in East Asia and which is operated by

China; the augmentation system operated by Japan (MSAS); and GAGAN, the

augmentation system provided by India, available for the Indian Ocean area.


Online resources



" OOSA, 10 Years of Achievement of the United Nations on Global Navigation

Satellite Systems, 2011


" GPS

http://www.gps.gov/

" GLONASS

http://www.glonass-ianc.rsa.ru/en/

" ESA Galileo

http://www.esa.int/esaNA/galileo.html

" Compass/Beidou

http://www.beidou.gov.cn/

" GAGAN

http://en.wikipedia.org/wiki/GPS-aided_geo-augmented_navigation

" OOSA, Current and Planned Global and Regional Navigation Satellite

Systems and Satellite-Based Augmentation Systems, 2010

http://www.unoosa.org/pdf/publications/icg_ebook.pdf

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http://www.gps.gov

http://www.glonass-ianc.rsa.ru/en

http://www.esa.int/esaNA/galileo.html

http://www.beidou.gov.cn

http://en.wikipedia.org/wiki/GPS

http://www.unoosa.org/pdf/publications/icg_ebook.pdf

4

" WAAS and DGPS

http://www.faa.gov/about/office_org/headquarters_offices/ato/service_

units/techops/navservices/gnss/waas/

http://www.gps.gov/systems/augmentations/

" EGNOS

http://www.esa.int/esaNA/egnos.html

" SDCM

http://www.sdcm.ru/index_eng.html

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http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/techops/navservices/gnss/waas

http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/techops/navservices/gnss/waas

http://www.gps.gov/systems/augmentations

http://www.esa.int/esaNA/egnos.html

http://www.sdcm.ru/index_eng.html

4

Class 3. GNSS users


" Civilian users of GNSS

→ Air and maritime navigation

→ Launch and operation of space vehicles

→ Disasters

→ Search and rescue operations

→ Land surveys

→ Timing

" Military users of GNSS

" Coordination between GNSS users and GNSS operators

Learning objective

The third class identifies various GNSS users and describes how these users

interact with GNSS service providers. Students will learn how GNSS is used for

civilian purposes, including in air and maritime navigation, in the launch and

operation of space vehicles and tracking of satellites, for early warning of

disasters, in search and rescue operations, in land and underwater surveys and

for establishing accurate time. Students will also discuss how military users of

GNSS rely on it for the same purposes as civilians, in addition to a number

of other activities specific to military users, which will be briefly covered during

the class.

Upon completion of the class, students will be familiar with the main channels

for communication and coordination between GNSS users and GNSS service

providers. These coordination mechanisms enable users to inform GNSS service

providers when the service is adequate and to give input on how inadequacies

could be remedied. Students will become familiar with the Civil GPS Service

Interface Committee (CGSIC), established by the United States Department of

Transportation to address GPS-related issues together with the GNSS user

community; the ICG, which is covered in previous classes; and professional

societies such as the Institute of Navigation (ION) and the International GNSS

Service (IGS), an organization of GNSS users and providers formed for the

purpose of creating the highest standards of GNSS in support of Earth science,

research, multidisciplinary applications and education.

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Online resources

" GPS Applications

http://www.gps.gov/applications/

" Civil GPS Service Interface Committee (CGSIC)

http://www.gps.gov/cgsic/



" Institute of Navigation

http://www.ion.org/

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http://www.gps.gov/applications

http://www.gps.gov/cgsic


http://www.ion.org

4

Class 4. Legal framework for GNSS services


" International legal framework

→ Charter of the United Nations


→ Registration Convention

→ Rescue Agreement

→ Liability Convention

→ Convention on International Civil Aviation, its annexes and ICAO regulations on GNSS

→ Convention on the International Maritime Organization and IMO regulations


→ Disasters Charter

→ Bilateral agreements on interoperability and coordination

" National legal regimes

Learning objective

During this class, students will learn more about the international and national

GNSS legal regimes. Aspects of space law which are particularly linked to GNSS

will be highlighted.

Students will learn about the right of access to GNSS services and that the ICAO

Charter states specifically that States and aircraft “shall have access, on a non-

discriminatory basis under uniform conditions, to the use of GNSS services”

(article 2). During the class, students will discuss the following questions: Is

there a legal right to GNSS services for all users? Should access to GNSS services

be conditioned on payment for those services, or should it be free? The ICAO

Charter only concerns air navigation uses. Do non-aviation users have right of

access to GNSS services? Could the United Nations Security Council adopt a

resolution curtailing availability of GNSS services to countries because they

violate international peace and security?

Upon completion of the class, students will be familiar with the process of

registration of GNSS satellites under the Registration Convention and the issue

of possible liability for negligent GNSS services as well as radio and physical

interference, space debris damage and other kinds of damage under the Liability

Convention. In this regard, the Space Debris Mitigation Guidelines of the

Committee on the Peaceful Uses of Outer Space and the Space Debris Mitigation

Guidelines of the Inter-Agency Space Debris Coordination Committee (IADC) will

be studied.

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Students will discuss compliance with the ITU regulations on the use of radio

frequencies and allocation of orbital slots. Students will also consider existing

bilateral agreements on interoperability and coordination, and national laws and

regulations affecting GNSS. Time permitting, students will discuss availability of

GNSS satellites under the Disasters Charter.


References

" Charter of the United Nations

http://www.un.org/en/documents/charter/





" Rescue Agreement




" Convention on International Civil Aviation (1944)


" Convention on International Civil Aviation, annex 10


" ICAO Assembly Resolution A32-19, Charter on Rights and Obligations of

States Relating to GNSS Services


" ICAO Global Air Navigation Plan, ICAO Doc. 9750 AN/963;


" Convention on the International Maritime Organization, 289 UNTS 3


" IMO Res. 860(2) (1997)

http://www.imo.org/blast/blastDataHelper.asp?data_

id=22639&filename=A860%2820%29.pdf

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http://www.un.org/en/documents/charter












4

" Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses

of Outer Space, General Assembly resolution 62/217, International

cooperation in the peaceful uses of outer space (Dec. 22, 2007)


" Inter-Agency Space Debris Coordination Committee Space Debris Mitigation

Guidelines

http://www.iadc-online.org/


2006 and 2010





2012 amendments)

" International Charter on Space and Major Disasters


" United States Code, Title 47, Sec. 309, Application for license

http://uscode.house.gov/

" United States Code, Title 51, Sec. 50112, Promotion of United States Global

Positioning System standards

http://uscode.house.gov/

" United Kingdom, 1986 Outer Space Act

http://www.legislation.gov.uk/ukpga/1986/38/introduction

Online resources

" GPS (1994) and GLONASS (1996) Service Commitments to ICAO

http://www.unoosa.org/pdf/icg/2007/icg2/presentations/38.pdf

http://www.gps.gov/policy/cooperation/icao/1994-service-commitment.pdf






overview.html

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http://www.iadc-online.org




http://uscode.house.gov

http://uscode.house.gov

http://www.legislation.gov.uk/ukpga/1986/38/introduction

http://www.unoosa.org/pdf/icg/2007/icg2/presentations/38.pdf

http://www.gps.gov/policy/cooperation/icao/1994-service-commitment.pdf




4

Class 5. GNSS services, uses and current problems


" Different classes of GNSS services

→ Standard positioning

→ Precise positioning service

→ National security

→ Search and rescue

" GNSS as dual-use technology

→ International codes on arms proliferation

→ National trade in arms regulations (ITARs)

" Problem areas

→ Interoperability of the systems of several GNSS providers

→ Continuity of GNSS signals

→ Financing

→ Universal access to GNSS “under uniform conditions”

→ Sole use

→ Quality control of GNSS services

→ Liability for defective GNSS services

→ User charges

→ Radio interference with GNSS signals

→ Orbital slots and radio frequencies

Learning objective

During this class, students will learn more about different classes of GNSS

services, including the military and civilian aspects of GNSS, and will discuss

some continuing problems related to GNSS services. Students will become

familiar with the important difference between the standard positioning service

and the more precise kinds of GNSS services, some of which may only be

available upon payment of a user charge. Students will also learn about uses

of special GNSS search and rescue services. Furthermore, upon completion of

the class, students will know that trade in GNSS instruments, both hardware and

software, is subject to international and national regulation because of the dual

military and civilian uses of GNSS.

During the class, students will discuss the need for continuing international

cooperation on establishing interoperability and standardization of the

various GNSS services, including augmented services. Upon completion of

the class, students will be able to discuss GNSS users’ concerns about having

continuing access to GNSS signals, defective and negligent GNSS services,

and future possibilities for “sole use” of GNSS navigation and positioning

(“sole use” referring to interruptions of the GNSS signal requiring navigation

by alternative methods).

Students will learn about opportunities for receiving compensation for damages

caused by defective services, and in this regard will also discuss the issue of

continued quality control of GNSS services. Legal bases for user charges will

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also be of interest to the students. Liability of GNSS providers is an issue of

particular interest to GNSS users. Building on their knowledge from class 4,

students will discuss whether the Liability Convention applies to defective GNSS

service, and whether standard GNSS effectively eliminates GNSS provider liability.

The European proposal to accept liability for high-end (precise) GNSS service

will be addressed. Students will also consider the requirements and provisions

of the UNIDROIT Space Protocol with regard to commercial activities of GNSS

satellites.

Finally, building on what was discussed in class 1, students will continue

their discussion on orbital slots and radio frequencies for communication

with GNSS satellites. Time permitting, the main points of Module 4 will be

reviewed and students will be invited to discuss any other GNSS issues of

interest. Time may also be allotted for discussion about the curriculum as

a whole.


References

" UNIDROIT Space Protocol

http://www.unidroit.org/english/conventions/mobile-equipment/main.

htm#NR4

" Hague International Code of Conduct against Ballistic Missile Cooperation,

http://www.hcoc.at/

" General Assembly resolution 62/20, Prevention of an arms race in outer

space (Dec. 5, 2007)


Online resources

" Wassenaar Agreement on Export Controls for Conventional Arms and

Dual-Use Goods and Technologies

http://www.wassenaar.org/introduction/index.html

" Missile Technology Transfer Regime

www.mtcr.info/english

" United States, International Trade in Arms Regulations, 22 CFR, Part 120-130

http://www.pmddtc.state.gov/regulations_laws/itar_official.html

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http://www.unidroit.org/english/conventions/mobile-equipment/main.htm

http://www.unidroit.org/english/conventions/mobile-equipment/main.htm

http://www.hcoc.at


http://www.wassenaar.org/introduction/index.html

www.mtcr.info/english

http://www.pmddtc.state.gov/regulations_laws/itar_official.html

4



Class 1. International institutional context for GNSS operators

1. Which international organizations have functions relating to GNSS?

2. Is GNSS solely concerned with aviation?

3. How are GNSS orbital slots and uses of radio frequencies allocated?

4. How do the four global GNSS systems relate to each other?

Class 2. GNSS providers and GNSS augmentation

1. Who provides GPS service?

2. Who provides GLONASS service?

3. Who provides Galileo service?

4. Who provides BeiDou service?

5. What is augmentation of GNSS and what is it used for?

6. What is the nature of WAAS? Where is it available?

7. Who provides EGNOS augmentation service?

8. What are other kinds of augmented GNSS?

Class 3. GNSS users

1. Explain how GNSS users interact with GNSS providers.

2. How are GNSS users organized?

3. Do GNSS users have a right of access to GNSS services?

4. Are GNSS providers liable to GNSS users for defective service?

Class 4. GNSS legal regimes

1. Who pays for the cost of GNSS and for its augmentation?

2. Are GNSS navigation and positioning services always available everywhere?

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3. Who is responsible for defective GNSS service?

4. May a State exclude a foreign GNSS provider from operating in its country?

Class 5. GNSS services, uses and current problems

1. What is the difference between standard GNSS and precise GNSS services?

2. How are conflicts between GPS, GLONASS, Galileo and BeiDou resolved?

3. Who controls GNSS reliability?

4. How are interferences with GNSS services handled?


The following additional important aspects are recommended:

1. Satellite data in international litigation.

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List of instruments of international law(in alphabetical order)

Benefits Declaration Declaration on International Cooperation

in the Exploration and Use of Outer

Space for the Benefit and in the Interest

of All States, Taking into Particular

Account the Needs of Developing

Countries, adopted on 13 December 1996

(resolution 51/122)

Broadcasting Principles Principles Governing the Use by States of

Artificial Earth Satellites for International

Direct Television Broadcasting, adopted

on 10 December 1982 (resolution 37/92)

Brussels Convention Brussels Convention Relating to the

Distribution of Programme-Carrying

Signals Transmitted by Satellite, done at

Brussels on 21 May 1974, entered into

force on 25 August 1979

Charter of the United Nations

United Nations, Charter of the

United Nations, signed on 26 June 1945,

entered into force on 24 October 1945

Convention on International Civil Aviation (Chicago Convention)

Convention on International Civil Aviation,

signed at Chicago on 7 December 1944,

entered into force 4 April 1947

Convention on the International Maritime Organization

Convention on the International Maritime

Organization, done at Geneva on 6 March

1948, entered into force 17 March 1958

Declaration of Legal Principles

Declaration of Legal Principles Governing

the Activities of States in the Exploration

and Use of Outer Space, adopted on

13 December 1963 (resolution 1962 (XVIII))

International Charter on Space and Major Disasters

Charter on Cooperation to Achieve the

Coordinated Use of Space Facilities in the

Event of Natural or Technological

Disasters, signed on 20 October 2000,

entered into force on 1 November 2000

ESA Convention Convention for the Establishment of a

European Space Agency, concluded at

Paris on 30 May 1975, entered into force

on 30 October 1980

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EU Database Protection Directive

Directive 95/46/EC of the European

Parliament and of the Council of

24 October 1995 on the protection of

individuals with regard to the processing

of personal data and on the free

movement of such data

Intergovernmental Agreement on the ISS

Agreement Among The Government of

Canada, Governments of the Member

States of the European Space Agency, the

Government of Japan, the Government of

the Russian Federation, and the

Government of the United States of

America Concerning Cooperation on the

Civil International Space Station, signed

on 29 January 1998

ITU Constitution and Convention

Constitution and Convention of the

International Telecommunication Union,

concluded at Geneva on 22 December

1992, entered into force on 1 July 1994

Liability Convention Convention on International Liability for

Damage Caused by Space Objects

(resolution 2777 (XXVI), annex), adopted

on 29 November 1971, opened for

signature on 29 March 1972, entered into

force on 1 September 1972

Moon Agreement Agreement Governing the Activities of

States on the Moon and Other Celestial

Bodies (resolution 34/68, annex),

adopted on 5 December 1979, opened for

signature on 18 December 1979, entered

into force on 11 July 1984

Nuclear Power Sources Principles

Principles Relevant to the Use of Nuclear

Power Sources in Outer Space, adopted

on 14 December 1992 (resolution 47/68)

Outer Space Treaty Treaty on Principles Governing the

Activities of States in the Exploration and

Use of Outer Space, including the Moon

and Other Celestial Bodies (General

Assembly resolution 2222 (XXI), annex),

adopted on 19 December 1966, opened

for signature on 27 January 1967, entered

into force on 10 October 1967

Registration Convention Convention on Registration of Objects

Launched into Outer Space (resolution

3235 (XXIX), annex), adopted on

12 November 1974, opened for signature

on 14 January 1975, entered into force on

15 September 1976

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Remote Sensing Principles

Principles Relating to Remote Sensing of

the Earth from Outer Space, adopted on

3 December 1986 (resolution 41/65)

Rescue Agreement Agreement on the Rescue of Astronauts,

the Return of Astronauts and the Return

of Objects Launched into Outer Space

(resolution 2345 (XXII), annex), adopted

on 19 December 1967, opened for

signature on 22 April 1968, entered into

force on 3 December 1968

UNESCO Declaration on Satellite Broadcasting

Declaration of Guiding Principles on the

Use of Satellite Broadcasting for the Free

Flow of Information, the Spread of

Education and Greater Cultural Exchange,

adopted on 15 November 1972

UNIDROIT Space Protocol Protocol to the Convention on

International Interests in Mobile

Equipment on Matters Specific to Space

Assets, adopted on 9 March 2012

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of

Treaties, United Nations, Treaty Series,

vol. 1155, No. 18232. Done at Vienna on

23 May 1969, entered into force on

27 January 1980

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Acknowledgements

The Office for Outer Space Affairs would like to express its appreciation to the

following educators, practitioners and experts in space law, representing national

universities, research institutions, and international organizations, who have

been involved in the development of the curriculum:

Ms. Elham Aminzadeh, Ms. Setsuko Aoki, Mr. Ciro Arévalo Yepes, Mr. Vassilios

Cassapoglou, Ms. Joanne Gabrynowicz, Mr. Raimundo Gonzalez Aninat,

Mr. José Guichard, Mr. Stephan Hobe, Mr. Ram Jakhu, Mr. Armel Kerrest,

Mr. Hodjat Khadjavi, Mr. Vladimír Kopal, Mr. Paul Larsen, Ms. Justine Limpitlaw,

Ms. Nataliya Malysheva, Ms. Irmgard Marboe, Mr. Sergio Marchisio,

Ms. Tanja L. Masson-Zwaan, Mr. José Monserrat Filho, Mr. Frans von der Dunk,

Ms. Maureen Williams, Mr. Haifeng Zhao, as well as past and present Directors

of the Regionals Centres for Space Science and Technology Education, affiliated

to the United Nations.

© United Nations, March 2014. All rights reserved, worldwide.

The designations employed and the presentation of material in this publication

do not imply the expression of any opinion whatsoever on the part of the

Secretariat of the United Nations concerning the legal status of any country,

territory, city or area, or of its authorities, or concerning the delimitation of its

frontiers or boundaries.

Information on uniform resource locators and links to Internet sites contained

in the present publication are provided for the convenience of the reader and

are correct at the time of issue. The United Nations takes no responsibility for

the continued accuracy of that information or for the content of any external

website. This publication has not been formally edited.

Publishing production: English, Publishing and Library Section, United Nations Office

at Vienna. Photos © NASA, ESA, TU Graz, Digital Vision, PhotoDisc, iStock.com

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